The Town of Wrightsville Beach relies on conditional use permits to regulate many businesses throughout town. But a CUP request during the board of aldermen’s Feb. 12 meeting alerted town leaders that the permits might have no control over the sale of alcohol.
The discussion arose when South End Surf Shop owner Jeffrey DeGroote applied for a conditional use permit to open Post Coffee Shop/Restaurant in the currently vacant second floor of his surf shop building.
The business is described as a gourmet coffee shop selling organic bottled juices, smoothies, baked goods, pre-made wraps, pizza and ice cream. It would also sell beer and wine by the bottle, a detail that drove several residents who live in the vicinity of the proposed shop to voice their concerns during the public hearing.
Resident John Moore worried the proposed coffee shop would eventually escalate into a bar scene, causing “profound emotional distress” for the neighborhood.
“[The shop] would be embedded in a neighborhood where you’ve got small children, elderly people and a dichotomy of different families,” he added.
DeGroote encouraged the board to set a condition on the permit requiring him to close at 10:30 p.m. Residents remained unconvinced; they said even if the town could enforce operating hours, DeGroote could technically sell alcohol until 2 a.m. if he wanted because of a North Carolina state law.
“I’m confused on how I can sell alcohol if I’m closed,” DeGroote pointed out.
DeGroote firmly stated he had no intention of opening a bar. The Post would be a coffee shop attracting early-morning walkers or afternoon beachgoers.
But the topic of discussion had expanded from DeGroote’s individual request to the regulating power of the conditional use permit, because, as town manager Tim Owens told the board, almost every business in town operates with a CUP.
Since the board can retract a CUP if one of the conditions is violated, the town should be able to indirectly regulate the sale of alcohol, Alderwoman Lisa Weeks said. As DeGroote already said, he could not sell alcohol until 2 a.m. if conditions mandated his business close at 10:30 p.m. If he stayed open later, the town could take away his permit.
The board directed town attorney John Wessell to research whether a condition set on CUP could trump the state-regulated alcohol law. And if not, whether it could indirectly control alcohol sales, as Weeks suggested.
The meeting was recessed so the item could be continued once Wessell obtained the necessary information. DeGroote said waiting to address the item at the March 12 board of aldermen meeting would have a “detrimental impact” on his proposed business, so the board agreed to continue the discussion during the Feb. 26 board of adjustment meeting.
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